PIYUSH GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) I heard Sri Anil Tiwari, learned Senior Counsel assisted by Sri Kabeer Tiwari, learned counsel for the applicants, and Sri Pankaj Saxena, learned AGA for the State.

(2.) The instant application has been filed to quash the summoning order dtd. 16/2/2024 passed by A.C.J.M.-I, Court No.16, Shahjahanpur in Case No. 83 of 2024 (State vs. Piyush Gupta and others), under Sec. 26(2)(i), 59(i) Food Safety and Standards Act, 2006 (hereinafter referred to as "Act, 2006") as well as the entire proceeding of the aforesaid case.

(3.) Applicant No.1 is the employee of applicant No.2 which is the sole proprietorship concerned of Devendra Singh Negi. Applicant No.2 is a restaurant, dealing with selling different kinds of prepared food. Initially Form-C lincence under the Act, 2006 was issued to Rakhi Arora on 11/2/2021. Subsequently, a Form-C licence of applicant No.2 was transferred in the name of Devendra Singh Negi on 11/2/2024. On 21/3/2023 premises of applicant No.2 was inspected by Chief Food Security Officer, Sahajahanpur along with his team and on demand of the Chief Food Security Officer, the applicant No.1 showed licence of applicant No.2 which was valid up to 10/2/2024. Thereafter, the Chief Food Security Officer purchased four packets of turmeric powder out of five packets of turmeric powder of Goldiee Masala Brand, found in the premises of applicant No.2. Thereafter, the sealed packets of turmeric powder were sent for examination on 22/3/2023 to the Government Food Laboratory, Lucknow. As per the report dtd. 15/5/2023 of the food analyst, Government Food Laboratory, Lucknow, the sealed packets of the turmeric powder were found having lead chromate which is harmful for human consumption, hence the sample was declared unsafe. Thereafter, after getting the required permission on 29/23/2023, under Sec. 42(4) of the Food Safety and Security Act, 2006 (hereinafter referred to as "Act,2006"), from the Commissioner Food Security, Lucknow, the complaint was filed by the Food Security Officer, Sahjahanpur on 9/2/2024. Thereafter, on perusal of the complaint and other document, learned Magistrate has taken cognizance and issued summon under Sec. 59(1) of the Act, 2006 to the applicants by order dtd. 16/2/2024 which is impugned in the present application.